H-1B 2023 CAP WEBINAR

MU Law will be hosting a FREE webinar for our clients and friends on Tuesday, February 7, 2023 at 2PM Eastern (1PM Central).

Join us for this FREE webinar to learn more about:

·         H-1B Cap Basics, Registration Process, and Projections

·         What is a Specialty Occupation?

·         H-1B Dependency

·         Special Issues for Staffing Companies, Third Party Placements

·         Employer-Employee relationships, end-client documentation

·         Cap-gap for F-1s as well as CPT/OPT maintenance

·         Alternatives to an H-1B

·         Top 10 things H-1B employers can do to stay compliant

PLEASE JOIN US!

PREMIUM PROCESSING WILL EXPAND TO INCLUDE INITIAL EB-1 AND EB-2 I-140 PETITIONS AND OPT/STEM OPT APPLICATIONS

Continuing its initiative to expand premium processing eligibility, on January 12, 2023, USCIS issued a news alert that its premium processing program will be expanded again to include initial I-140 petitions filed under the EB-1 and EB-2 categories, as well as applications for OPT and STEM OPT applications.

 EB-1 and EB-2 I-140 Petitions

 MU previously published blogs on the first phase, second phase, third phase of the initiative.

 Beginning Jan. 30, 2023, USCIS will accept Form I-907 requests for:

·         All pending E13 multinational executive and manager petitions and E21 NIW petitions; and

·         All initial E13 multinational executive and manager petitions and E21 NIW petitions.

USCIS has 45 days to issue an RFE, approval, or denial on cases that request premium processing for these newly included Form I-140 classifications. USCIS will reject any premium processing requests for the classifications above that are filed before the appropriate start date. 

OPT and STEM OPT Applications 

In March 2023, USCIS will accept Premium Processing upgrade requests for pending OPT and STEM OPT applications.

In April 2023, USCIS will accept Premium Processing requests for initial OPT and STEM OPT applications.

USCIS will announce the specific dates for each category in February 2023.

USCIS also anticipates expanding Premium Processing for certain student and exchange visitors who have filed Forms I-539 in May 2023 and June 2023; an announcement from USCIS on this expansion is forthcoming.

USCIS has 30 days to issue an RFE, approval, or denial on cases that request premium processing for Form I-765 and I-539 classifications.

FEBRUARY 2023 VISA BULLETIN: ANALYSIS

The Department of State has recently issued the February 2023 Visa Bulletin.  This blog post analyzes this month's Visa Bulletin. 

Visa Bulletin

Table A:  Final Action Dates -- Applications with these dates may be approved for their Green Card (Permanent Residency card) or Immigrant Visa appointment.

 

EB	Worldwide	CHINA	INDIA	PHILIPPINES
1st	C	01FEB22	01FEB22	C
2nd	01NOV22	08JUN19	08OCT11	01NOV22
3rd	C	01AUG18	15JUN12	C
Other workers	01JAN20	22DEC13	15JUN12	01JAN20

Table B: Dates of Filing

The USCIS is using the Table B Dates of Filing chart for I-485 employment-based filings. See: USCIS Visa Bulletin Dates

MU Law Analysis

This was an uneventful Visa Bulletin.  Most dates remained the same as in the January 2022 Visa Bulletin. 

The WW and Philippine EB-3 remain current. We expect these categories to be current through much of the current fiscal year. 

EB-3 Other Workers, which is the category for occupations such as Nurse Aides, remains retrogressed.  It reverted to January 2020 because of continued higher usage than expected by the State Department. 

We remind all readers that the FY 2023 employment-based immigrant visa limit is 197,000, as compared with 281,507 in FY 2022.  These quotas are greater than the usual 140,000 employment-based limit because of spillovers of unused family-based immigrant visas in the prior fiscal year. Slowdowns related to COVID caused the allocation of family-based visas to be short of the limit.  It is expected that the employment-based quota will return to 140,000 in FY 2024, which starts October 1, 2023.

USCIS PUBLISHES PROPOSED FILING FEE INCREASE

On January 3,2023, the USCIS published a proposed rule that will increase DHS (USCIS) government filing fees .  The proposed fees for most business immigration filings are in the table, below.  The above-link will lead the reader to the full list of proposed increases.  DHS will accept public comments on the proposed rule for 60 days following publication of the proposed rule in the Federal Register. DHS will then carefully review and consider each comment before drafting and publishing a final rule to implement a new fee schedule.

USCIS last raised their fees in 2016, and before that in 2010. USCIS fees pay for much of the USCIS budget.  Very little of the USCIS’ budget comes from federal tax dollars. 

Proposed fees

 

Form	Proposed Fee	Current Fee	Change
I-129 (H-1B)	$780	$460	+$320
I-129 (L-1)	$1,385	$460	+$925
I-130 (online)	$710	$535	+$175
I-130 (paper)	$820	$535	+$285
I-140	$715	$700	+$15
I-485	$1540	$1,225	+$315
I-485 with I-765 & I-131	$2820	$1,225	+$1,595